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The Net Power 1995 December
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LICENSE.TXT
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1995-09-28
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Imagine, Inc. Software License
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE
SOFTWARE. BY USING THE SOFTWARE, YOU
ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU
DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU ARE NOT
AUTHORIZED TO USE THIS SOFTWARE.
1. License. The application, demonstration, system and other
software accompanying this License, whether on disk, in read only
memory, or on any other media (the "Imagine Software") and related
documentation are licensed to you by Imagine. You own the disk on
which the Imagine Software is recorded but Imagine and/or Imagine's
Licensor(s) retain title to the Imagine Software and related
documentation. This License allows you to use the Imagine Software
on a single computer and make one copy of the Imagine
Software in machine-readable form for backup purposes only. You
must reproduce on such copy the Imagine copyright notice and any
other proprietary legends that were on the original copy of the Imagine
Software. You may also transfer all your license rights in the Imagine
Software, the backup copy of the Imagine Software, the related
documentation and a copy of this License to another party, provided
the other party reads and agrees to accept the terms and conditions
of this License.
2. Restrictions. The Imagine Software contains copyrighted material,
trade secrets and other proprietary material and in order to protect
them you may not decompile, reverse engineer, disassemble or
otherwise reduce the Imagine Software to a human-perceivable form.
You may not modify, network, rent, lease, loan, distribute or create
derivative works based upon the Imagine Software in whole or in part.
You may not electronically transmit the Imagine Software from one
computer to another or over a network.
3. Termination. This License is effective until terminated. You
may terminate this License at any time by destroying the Imagine
Software and related documentation and all copies thereof. This
License will terminate immediately without notice from Imagine if you
fail to comply with any provision of this License. Upon termination
you must destroy the Imagine Software and related documentation and
all copies thereof.
6. Disclaimer of Warranty on Imagine Software. You expressly
acknowledge and agree that use of the Imagine Software is at your sole
risk. The Imagine Software and related documentation are provided
"AS IS" and without warranty of any kind and Imagine and Imagine's
Licensor(s) (for the purposes of provisions 7 and 8, Imagine and
Imagine's Licensor(s) shall be collectively referred to as "Imagine")
EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE IMAGINE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT
THE OPERATION OF THE IMAGINE SOFTWARE WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS IN THE IMAGINE SOFTWARE WILL
BE CORRECTED. FURTHERMORE, APPLE DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE APPLE SOFTWARE OR RELATED DOCUMENTATION IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE
OF THIS WARRANTY. SHOULD THE IMAGINE SOFTWARE PROVE
DEFECTIVE, YOU (AND NOT IMAGINE OR AN IMAGINE AUTHORIZED
REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. SOME STATES DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING
NEGLIGENCE, SHALL IMAGINE BE LIABLE FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OR INABILITY TO USE THE IMAGINE SOFTWARE OR RELATED
DOCUMENTATION, EVEN IF IMAGINE OR AN IMAGINE AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
8. Controlling Law and Severability. This License shall be governed
by and construed in accordance with the laws of the United States
and the State of California, as applied to agreements entered into and
to be performed entirely within California between California
residents. If for any reason a court of competent jurisdiction finds
any provision of this License, or portion thereof, to be unenforceable,
that provision of the License shall be enforced to the maximum
extent permissible so as to effect the intent of the parties, and the
remainder of this License shall continue in full force and effect.
9. Complete Agreement. This License constitutes the entire
agreement between the parties with respect to the use of the Imagine
Software and related documentation, and supersedes all prior or
contemporaneous understandings or agreements, written or oral,
regarding such subject matter. No amendment to or modification of
this License will be binding unless in writing and signed by a duly
authorized representative of Imagine.